Legal Question in Criminal Law in Florida
sealed record still public info
Why does all the information about an arrest still show up on the computer after the record has been sealed?
2 Answers from Attorneys
Re: sealed record still public info
Unfortunately, Mr. Aspinwall is unfamiliar with the Florida statutes (as i am about NM statutes). Those records should be removed from any law enforcement agencies computer that allows public access. There may be several reasons why it is showing up. The first is a common problem. People petition to seal their records, the court orders the record sealed, but the petitioner fails to pay the Clerk of Court the money necessary for them to mail the Order to law enforcement. Another reason may be that you are finding this record through a private agency that does background checks. These agencies are required to remove sealed records once notified but some do not take it as seriously as they should. A letter with a copy of the Order to such a company should put them on notice (they should have already received such a notice).
Re: sealed record still public info
Court records may be sealed in certain cases [usually juvenile], but arrest records are not included. The courts lack jurisdiction to interfere with police department records. That matter would have to be addressed by the legislature.
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